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420 WORK-RELATED INJURIES; CONTINUED EMPLOYMENT IN TEMPORARY DUTY ASSIGNMENT IN OTHER AVAILABLE POSITIONS

A. Purpose

The purpose of this policy is to allow for continued employment either in temporary duty assignments or in other available positions of existing employees who have been injured during the regular course of their employment.

B. General Statement of Policy

This policy covers all full and part-time employees, including those in collective bargaining units with exclusive representatives, unless provided otherwise in an applicable collective bargaining agreement.

C. Temporary Duty Assignments

An employee who temporarily is unable to perform the essential functions of his/her job because of a work-related injury and whose medical condition will not allow the employee to return to regular duties within a reasonable period of time, may be assigned temporary duties. Any temporary duty assignment must comply with the restrictions set forth by a medical physician.

1. When a temporary duty is assigned, the district administration and/or the employee’s immediate supervisor will make the assignment based upon physical restrictions, work experience, knowledge and skills of the employee, and the needs of the district. A temporary duty assignment may or may not be a full-time assignment.

2. A temporary duty assignment will not be made without written approval from the treating physician. The treating physician will review the physical requirements of the temporary duty assignment to ensure that it is within the employee’s physical limitations. Modifications to the temporary duty assignment may be made by the district to ensure compliance with the physician’s restrictions.

3. If there is a change to the employee’s physical condition and/or restrictions, the change must be supported, in writing, by the treating physician. The change must be reported to all parties involved, including the employee’s immediate supervisor. The change in the employee’s physical condition and/or restrictions may lead to modifications of the employee’s temporary duty assignment following the process outlined above for an initial assignment.

4. Temporary duty assignments are not permanent positions. They generally will not exceed 30 days. Extensions of temporary assignments beyond 30 days may be given at the discretion of the district with input from the treating physician. Any extensions will follow the criteria outlined in this policy.

5. Any temporary duty assignment for an employee may be withdrawn during the course of the assignment if it is determined that, even with reasonable accommodation(s), the employee will be unable to perform the essential functions of the employee’s position at the time of the work-related injury. Alternative options will be reviewed at such a time.

6. This policy shall not be construed or interpreted to mean that any employee has a right to a temporary duty assignment or that the district is compelled to assign an individual to a temporary duty assignment.

D. Continued Employment in an Available Position.

The district will not, without reasonable cause, refuse to offer continued employment to an employee with a work-related injury when employment is available within the employee’s physical limitations.

1. In determining the availability of employment, written rules promulgated by the district with respect to seniority or the provisions of any collective bargaining agreement will govern.

2. Any employee injured during the regular course of employment who later accepts an offer of continued employment with the district in another available position ends his/her employment in the former position and in any contingent temporary duty assignments.


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